Justice William Charles Crockett AO - Victorian Bar

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234 76 000 534 420 343235 78 000 542 426 349236 80 000 552 433 354237 82 000 558 440 360238 84 000 568 447 365239 86 000 576 452 372240 88 000 585 459 377241 90 000 594 464 382242 92 000 603 471 387243 94 000 610 479 392244 96 000 619 486 398245 98 000 628 493 404246 100 000 638 499 410247 Over 100 000 — such additional charge as isreasonable having regard to the responsibilityinvolved in and the complexity of the transaction.PART C — RENEWAL OF BILL OF SALE1 . Charges of legal practitioner for creditor in connectionwith the renewal of a bill of sale comprising instructions,preparation and perusal of documents and all necessaryattendances and correspondence shall be the charges prescribedby Column 1.2. Charges of legal practitioner for debtor in connection withrenewal of bill of sale comprising instructions, perusals andall necessary attendances and correspondence shall be thecharges prescribed by Column 2.Ref. No. Consideration Col. 1 Col. 2$ Not exceeding: $ $248 10 000 56 33249 14 000 61 34250 18 000 66 38251 22 000 71 43252 26 000 76 46253 30 000 82 48254 34 000 88 51255 38 000 94 53256 42 000 99 58257 46 000 104 61258 50 000 109 65259 Exceeding 50 000 109 65PART D — SATISFACTION OR DISCHARGE OF BILL OF SALEOR STOCK MORTGAGE1. Charges of legal practitioner for creditor in connection withsatisfaction or discharge of a bill of sale or stock mortgagecomprising preparation and perusal of documents (includingmemorandum of satisfaction or discharge) and all necessaryattendances and correspondence and effecting finalsettlement with debtor, his or her legal practitioner or agentshall be the charges prescribed by Column 1.2. Charges of legal practitioner for debtor in connection withsatisfaction or discharge of a bill of sale or stock mortgagecomprising instructions, perusal of memorandum of satisfactionor discharge, registration and all necessary attendancesand correspondence and effecting fmal settlementwith creditor, his or her legal practitioner or agent shall bethe charges prescribed by Column 2.Ref. No. Consideration Col. 1 Col. 2$ Not exceeding: $ $260 10 000 56 33261 14 000 61 34262 18 000 66 38263 22 000 71 43264 26 000 76 46265 30 000 82 48266 Exceeding 30 000 82 48PART E — APPLICATION BY LEGAL PERSONALREPRESENTATIVE UNDER THE TRANSFER OF LAND ACT1958267. Charges of legal practitioner in connection with an applicationby a trustee, executor or administrator to be registeredas proprietor of real estate or mortgage, including instructions,checking title identity, preparation of application,necessary attendances and correspondence and registration— $225.90.268. For each additional certificate of title or mortgage producedbeyond the first title or mortgage referred to in theapplication — $21.30.PART F — APPLICATION BY SURVIVING PROPRIETOR269. Charges of legal practitioner in connection with an applicationby a survivor of joint proprietors to be registered asproprietor of real estate or mortgage, including instructions,checking title identity, preparation of application anddeclaration, necessary attendances and correspondenceand registration — $250.70.270. For each additional certificate of title or mortgage producedbeyond the first title or mortgage referred to in theapplication — $21.30.PART G — PRODUCTION FEE271. For production of Crown grants, certificates of title, titledeeds, or other documents in the possession of the legalpractitioner of the person entitled to the custody thereofat such legal practitioner’s office or at the Land Registry,Office of the Registrar-General or elsewhere, including,where necessary, endorsement of an order to register:for not more than two Crown grants, certificates of title,chains of title deeds, or other documents — $142.40.for each additional Crown grant, certificate of title, chainof title deeds, or other document beyond the second— $21.30.FOURTH SCHEDULEPART A — NEGOTIATING FOR OR PROCURING ANAGREEMENT FOR A LOAN WHEN THE MONEY IS IN FACTLENT AND THE LEGAL PRACTITIONER IS NEITHER THELENDER NOR ONE OF THE LENDERS272. In respect of money lent upon the security of real or leaseholdestate or personal property — 1.09 per centum uponthe amount lent.Note:If a legal practitioner negotiates for or procures an agreementfor the renewal of a loan he or she shall not in respectthereof be entitled to charge remuneration in accordance18
with this item and his or her charge shall be 0.55 per centumupon the amount of the renewed loan.273. (1) If a legal practitioner negotiates for or procures anagreement for a loan for his or her client being the borroweror mortgagor through the agency of any person(other than a legal practitioner) to whom a procurationfee is payable then he or she shall only be entitled toremuneration in accordance with the First Schedulein respect of negotiating for or procuring such agreement.(2) If a legal practitioner negotiates for or procures anagreement for a loan for his or her client being theborrower or mortgagor through the agency of anotherlegal practitioner then the remuneration provided byitem 272 shall be divided between the legal practitioners,two-thirds being payable to the legal practitionerfor the mortgagee and one-third to the legal practitionerfor the mortgagor.274. The remuneration prescribed under item 272 or 273 shallnot include disbursements reasonably incurred in travellingfrom any place of business and home respectively of suchlegal practitioner and disbursements otherwise reasonablyincurred in the inspection of the property mortgaged orcharged and in procuring the agreement for the loan whichdisbursements may be charged in addition to the remunerationso prescribed.PART B — FOR NEGOTIATING FOR OR PROCURING ANAGREEMENT FOR A LOAN WHEN THE MONEY IS IN FACTLENT AND THE LEGAL PRACTITIONER OR THE LEGALPRACTITIONER’S NOMINEE COMPANY IS EITHER THELENDER OR ONE OF THE LENDERS275. When the legal practitioner, or a nominee company of whichthe legal practitioner or a partner of the legal practitioneris a director, is either the lender or one of the lenders noremuneration shall be charged for negotiating or procuringthe loan, except in the following cases:(a) when the legal practitioner arranges and obtains theloan from a person for whom he or she acts and subsequentlyby arrangement with his or her client lends themoney and executes or signs the security in his or herown name or the name of a nominee company of whichhe or she or his or her partner is a director, he or she orsuch nominee company being in fact trustee or agentfor the person aforesaid; or(b) when the legal practitioner contributes portion ofthe money in fact lent, and arranges and obtains theremaining portion from another person not being his orher partner as a legal practitioner, not being a co-trusteewith him or her in relation to the money lent.276. In either of the foregoing cases a charge for negotiating orprocuring an agreement for a loan may be made at the rateprescribed in Part A in respect of the amount so obtainedfrom such other person.Note:If a legal practitioner negotiates for or procures an agreementfor the renewal of a loan from such other person he orshe shall not in respect thereof be entitled to charge remunerationin accordance with item 272 and his or her chargeshall be 0.55 per centum upon the amount of the renewedloan. 19
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Justice William Charles Crockett AO - Victorian Bar

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